Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00004613-001

19/05/2016

I have been employed by Respondent since the 6th of January 2014. I finished work on the 22nd of December for the Christmas holidays and was paid up to the 4th of January 2016. On the 4th of January I was told by The Respondent that there was no work for the Month of January and I was put on temporary layoff and given a letter to this effect. During the month of January and early February I called to the office of Respondent to see if there was any work available,the situation had not change,and there was no work available. On a number of occasions employer asked if I wish to call it quits to which I declined, and so because the situation hadn't changed ,and after contacting workplace relations, I followed their advice and gave my employer a RP9 form. After approximately one week I contacted my employer again to get a response in relation to the RP9 form, he told me that he hadn't got work for me and would not be paying any redundancy or notice and he would be giving me my P.45 that week. A week later he told me to contact his accountant to get my P.45. After contacting the accountant I raised the issue regarding redundancy, he said he would speak to Respondent in relation to this. On the 23rd of March I received a P.45 dated the 22nd of December 2015, In regards to the P.45, I had been paid up to the 4th of January 2016 and had been on Layoff from that date. After again speaking with the accountant I drew his attention to these dates, he contacted Respondent and another P.45 was reissued dated 02/01/2016. I received this P.45 on the 5th of April with my P.60 for 2015 and 2014 and he reiterated that he had again spoke to Respondent and he would not be paying any redundancy or notice. On the 20th of April 2016 I applied for my redundancy payment using the RP77 form. On the 6th of May I received a letter from the accountant, to say that I was not entitled to redundancy as I had been offered work after the period of temporary lay off and that the Respondent denied that I was dismissed from my position. This however is untrue. Added to which to my knowledge the Respondent hadn't completed the RP9 form and or certainly hadn't returned it to me. I was never told that my period of layoff was over and that my position was still available. Had my position been available I wouldn't have given the Respondent a RP9 form, at no point during any conversation was I asked to return to work. I didn't received any period of Notice, Redundancy or payment for either. I also dispute the date on the second P.45, as I was on temporary layoff for January and most of February.